Legal Opinion

Van Hoozier v. Hannibal & St. Joseph Railroad

Supreme Court of Missouri

Decided October 15, 1879PublishedCited by 34 opinions

Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb Judge. 1. The damages alleged in the first action, sued for by the respondent, having a reversionary interest only, being of a permanent character, should have been recovered in that action. "Wood on Nuisances, § 856. The respondent could sue for no other damages in either action than the permanent injury to the freehold while the possessoxy right was in Gault as tenant.

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Appeal from Buchanan Circuit Court. — Hon. Jos. P. Grubb Judge. 1. The damages alleged in the first action, sued for by the respondent, having a reversionary interest only, being of a permanent character, should have been recovered in that action. "Wood on Nuisances, § 856. The respondent could sue for no other damages in either action than the permanent injury to the freehold while the possessoxy right was in Gault as tenant. Wood on Nuisances, §§ 825, 841. The damages recoverable by respondent being precisely the same, i. e., the permanent injury to the freehold, the first action was a bar…

1Opinion of the Court

Hough, J. —

This was an action for damages arising from the diversion, by the defendant, in 1873, of a stream of running water, whereby portions of the plaintiff’s land were, in the year 1875, overflowed and rendered unfit for cultivation, his crops destroyed and his timber injured. The defendant pleaded not guilty and a former recovery. There was a-verdict and judgment for the plaintiff under the plea of former recovery. The defendant introduced m evidence the pleadings in a suit for damages, instituted by the plaintiff against it in 1875, together with the instructions of the court, the…

2Cases cited5 opinions

  1. Finney v. BerrySupreme Court of Missouri · 1875
  2. Bradish v. SchenckNew York Supreme Court · 1811
  3. Rich v. PenfieldNew York Supreme Court · 1828
  4. Johnson v. HoffmanSupreme Court of Missouri · 1873
  5. Brotherson v. HodgesNew York Supreme Court · 1810

3Cited by34 opinions

  1. Paddock v. SomesSupreme Court of Missouri · 1890
  2. Middelkamp v. Bessemer Irrigating Co.Supreme Court of Colorado · 1909
  3. Givens v. Van StuddifordSupreme Court of Missouri · 1885
  4. Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
  5. Thompson v. HodgeMissouri Court of Appeals · 1961

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